Appellate Division: Second Judicial Department

M66111

E/sl

STEVEN P. FISHER, J.P.

HOWARD MILLER

WILLIAM E. McCARTHY

CHERYL E. CHAMBERS, JJ.

2006-07549, 2007-01279, 2007-10144 In the Matter of Angelo Roldan, et al., respondents, v Maribel Nieves, appellant. (Proceeding No. 1) In the Matter of Maribel Nieves, appellant, v Angelo Roldan, et al., respondents. (Proceeding No. 2 and 3) (Docket Nos. V-03646-06, V-04714-06)

DECISION & ORDER ON MOTION

Motion by Maribel Nieves on appeals from two orders of the Family Court, Nassau County, both dated June 22, 2006, and an order of the same court dated December 15, 2006, to strike stated portions of the briefs of Angelo Roldan and Eveyn Pagan, to consolidate the appeals, and to enlarge the record on appeal to include, inter alia, a letter from the New York State Office of Children and Family Services to Maribel Nieves dated June 26, 2007.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to strike stated portions of the briefs of Angelo Roldan and Eveyn Pagan is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals have been consolidated (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the branch of the motion which is enlarge the record on appeal is granted to the extent that the record on appeal is enlarged to include the letter from the New York State Office of Children and Family Services to Maribel Nieves dated June 26, 2007, and that branch of the motion is otherwise denied.

FISHER, J.P., MILLER, McCARTHY and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court